Section 33.1-24-02-201 - DefinitionsAs used in sections 33.1-24-02-200 through 33.1-24-02-214, all terms not defined herein have the meaning given them in North Dakota Century Code chapter 23.1-04 and 33.1-24-01 through 33.1-24-05 and section 33.1-24-05-451.
1. "Average volatile organic concentration or average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous secondary material as determined in accordance with the requirements of section 33.1-24-02-204.2. "Cover" means a device that provides a continuous barrier over the hazardous secondary material managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.3. "Empty hazardous secondary material container" means: a. A container from which all hazardous secondary materials have been removed that can be removed using the practices commonly employed to remove materials from that type of container, for example, pouring, pumping, and aspirating, and no more than two and one-half centimeters (one inch) of residue remain on the bottom of the container or inner liner;b. A container that is less than or equal to one hundred nineteen gallons in size and no more than three percent by weight of the total capacity of the container remains in the container or inner liner; orc. A container that is greater than one hundred nineteen gallons in size and no more than three-tenths of one percent by weight of the total capacity of the container remains in the container or inner liner.4. "Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous secondary material being managed in a surface impoundment.5. "Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous secondary material between the tank wall and the floating roof continuously around the circumference of the tank.6. "Material determination" means performing all applicable procedures in accordance with the requirements of section 33.1-24-02-204 to determine whether a hazardous secondary material meets standards specified in sections 33.1-24-02-200 through 33.1-24-02-214. Examples of a material determination include performing the procedures in accordance with the requirements of section 33.1-24-02-204 to determine the average volatile organic concentration of a hazardous secondary material at the point of material origination; the average volatile organic concentration of a hazardous secondary material at the point of material treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous secondary material; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous secondary material and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous secondary material in a tank and comparing the results to the applicable standards.7. "Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (for example, temperature, agitation, pH effects of combining materials) reasonably expected to occur in the tank. For the purpose of sections 33.1-24-02-200 through 33.1-24-02-214, maximum organic vapor pressure is determined using the procedures specified in subsection 3 of section 33.1-24-02-204.8. "No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in subsection 4 of section 33.1-24-02-204.9. "Point of material origination" means as follows:a. When the remanufacturer or other person that stores or treats the hazardous secondary material is the generator of the hazardous secondary material, the point of material origination means the point where a material produced by a system, process, or material management unit is determined to be a hazardous secondary material excluded under subdivision z of subsection 1 of section 33.1-24-02-04.b. When the remanufacturer or other person that stores or treats the hazardous secondary material is not the generator of the hazardous secondary material, point of material origination means the point where the remanufacturer or other person that stores or treats the hazardous secondary material accepts delivery or takes possession of the hazardous secondary material.10. "Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of sections 33.1-24-02-200 through 33.1-24-02-214, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.11. "Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous secondary material in the unit and the bottom of the seal.12. "Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous secondary material expressed in terms of parts per million as determined by direct measurement or by knowledge of the material in accordance with the requirements of section 33.1-24-02-204. For the purpose of determining the VO concentration of a hazardous secondary material, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8x10-6 atmospheres/gram-mole/meter 3 ] a t twenty-five degrees Celsius must be included.N.D. Admin Code 33.1-24-02-201
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