N.D. Admin. Code 33.1-24-03-28

Current through Supplement No. 394, October, 2024

Section 33.1-24-03-28 - Conditions for exemption for a small quantity generator that accumulates hazardous waste

A small quantity generator may accumulate hazardous waste onsite without a permit or interim status, and without complying with the requirements of sections 33.1-24-05-01 through 33.1-24-05-249, sections 33.1-24-05-300 through 33.1-24-05-599, chapter 33.1-24-06, and chapter 33.1-24-07, provided that all the conditions for exemption listed in this section are met:

1.Generation. The generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator" in section 33.1-24-01-04.

2.Accumulation. The generator accumulates hazardous waste onsite for no more than one hundred eighty days, unless in compliance with the conditions for exemption for longer accumulation in subsections 11 and 12. The following accumulation conditions also apply:

a.Accumulation limit. The quantity of hazardous waste accumulated onsite never exceeds six thousand kilograms [13,200 pounds];

b.Accumulation of hazardous waste in containers. Hazardous waste accumulated in containers must meet these requirements:

(1) If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.

(2) The small quantity generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(3) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.

(4) A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(5) At least weekly, the small quantity generator shall inspect central accumulation areas. The small quantity generator shall look for leaking containers and for deterioration of containers caused by corrosion or other factors. See subparagraph 1 for remedial action required if deterioration or leaks are detected.

(6) Incompatible wastes, or incompatible wastes and materials, (see appendix III of chapter 33.1-24-05 for examples) must not be placed in the same container, unless subsection 2 of section 33.1-24-05-08 is complied with.

(7) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix III of chapter 33.1-24-05 for examples), unless subsection 2 of section 33.1-24-05-08 is complied with.

(8) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

3.Accumulation of hazardous waste in tanks. Hazardous waste accumulated in tanks must meet the following requirements:

a. A small quantity generator of hazardous waste must comply with the following general operating conditions:

(1) Treatment or accumulation of hazardous waste in tanks must comply with subsection 2 of section 33.1-24-05-08.

(2) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(3) Uncovered tanks must be operated to ensure at least sixty centimeters [2 feet] of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top sixty centimeters [2 feet] of the tank.

(4) Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or bypass system to a standby tank).

b. Except as noted in subdivision c, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:

(1) Discharge control equipment (e.g., waste feed cutoff systems, bypass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;

(2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;

(3) The level of waste in the tank at least once each operating day to ensure compliance with paragraph 3 of subdivision a of subsection 3 of section 33.1-24-03-28;

(4) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and

(5) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

c. A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, where applicable, the areas identified in subdivision b. Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the generator.

d. A small quantity generator accumulating hazardous waste in tanks, upon closure of the facility, shall remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with subsections 3 or 4 of section-24-02-03, that any solid waste removed from its tank is not a hazardous waste, then it must manage such waste in accordance with all applicable provisions of chapters 33.1-24-03 and 33.1-24-04, and sections 33.1-24-05-250 through 33.1-24-05-399.

e. A small quantity generator shall comply with the following special conditions for accumulation of ignitable or reactive waste:

(1) Ignitable or reactive waste must not be placed in a tank, unless:

(a) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 33.1-24-02-11 and 33.1-24-02-13, and subsection 2 of section 33.1-24-05-08 is complied with;

(b) The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

(c) The tank is used solely for emergencies.

(2) A small quantity generator that treats or accumulates ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the national fire protection association's "Flammable and Combustible Liquids Code" (1977 or 1981) which are incorporated by reference in section 33.1-24-01-05.

(3) A small quantity generator shall comply with the following special conditions for incompatible wastes:

(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix III of chapter 33.1-24-05 for examples) may not be placed in the same tank, unless subsection 2 of section 33.1-24-05-08 is complied with.

(b) Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless subsection 2 of section 33.1-24-05-08 is complied with.

4.Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator shall comply with the following:

a. The applicable drip pad requirements of sections 33.1-24-05-501 through 33.1-24-05-524;

b. The small quantity generator must remove all wastes from the drip pad at least once every ninety days. Any hazardous wastes that are removed from the drip pad at least once every ninety days are then subject to the one hundred eighty-day accumulation limit in subsection 2 and section 33.1-24-03-27 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and

c. The small quantity generator shall maintain onsite at the facility the following records readily available for inspection:

(1) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every ninety days; and

(2) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

5.Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator shall comply with sections 33.1-24-05-475 through 33.1-24-05-500. The generator shall label its containment buildings with the words "hazardous waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons onsite and also in a conspicuous place provide an indication of the hazards of the contents (examples include the applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the occupational safety and health administration hazard communication standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association Code 704). The generator also shall maintain:

a. The professional engineer certification that the building complies with the design standards specified in section 33.1-24-05-476. This certification must be in the generator's files prior to operation of the unit; and

b. The following records by use of inventory logs, monitoring equipment, or any other effective means:

(1) A written description of procedures to ensure that each waste volume remains in the unit for no more than ninety days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the ninety day limit, and documentation that the procedures are complied with; or

(2) Documentation that the unit is emptied at least once every ninety days.

c. Inventory logs or records with the above information must be maintained onsite and readily available for inspection.

6.Labeling and marking of containers and tanks.

a. Containers. A small quantity generator shall mark or label its containers with the following:

(1) The words "hazardous waste";

(2) An indication of the hazards of the contents (examples include the applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the occupational safety and health administration hazard communication standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association Code 704); and

(3) The date upon which each period of accumulation begins clearly visible for inspection on each container.

b. Tanks. A small quantity generator accumulating hazardous waste in tanks shall do the following:

(1) Mark or label its tanks with the words "hazardous waste";

(2) Mark or label its tanks with an indication of the hazards of the contents (examples include the applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the occupational safety and health administration hazard communication standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association Code 704);

(3) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within one hundred eighty days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within one hundred eighty days of first entering; and

(4) Keep inventory logs or records with the above information onsite and readily available for inspection.

7.Land disposal restrictions. A small quantity generator shall comply with all the applicable requirements in sections 33.1-24-05-250 through 33.1-24-05-299.

8.Preparedness and prevention.

a.Maintenance and operation of facility. A small quantity generator shall maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

b.Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the following items (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies.

(1) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(2) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(3) Portable fire extinguishers; fire control equipment, (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals); spill control equipment; and decontamination equipment; and

(4) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

c.Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in times of emergency.

d.Access to communications or alarm system.

(1) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under subdivision of subsection 8 of 33.1-24-03-28.

(2) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under subdivision b of subsection 8 of section 33.1-24-03-28.

e.Required aisle space. The small quantity generator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

f.Arrangements with local authorities.

(1) The small quantity generator shall attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the local emergency planning committee, if it is determined to be the appropriate organization with which to make arrangements.

(a) A small quantity generator attempting to make arrangements with its local fire department shall determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals.

(b) As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.

(c) Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.

(2) A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

(3) A facility possessing twenty-four-hour response capabilities may seek a waiver from the authority having jurisdiction over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

9.Emergency procedures. The small quantity generator complies with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated:

a. At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in subdivision d. This employee is the emergency coordinator.

b. The small quantity generator shall post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:

(1) The name and emergency telephone number of the emergency coordinator;

(2) Location of fire extinguishers and spill control material, and, if present, fire alarm; and

(3) The telephone number of the fire department, unless the facility has a direct alarm.

c. The small quantity generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

d. The emergency coordinator or his designee shall respond to any emergencies that arise. The applicable responses are as follows:

(1) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;

(2) In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator;

(3) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator shall immediately notify the National Response Center (using their 24-hour toll free number 800-424-8802). The report must include the following information:

(a) The name, address, and United States environmental protection agency identification number of the small quantity generator;

(b) Date, time, and type of incident (e.g., spill or fire);

(c) Quantity and type of hazardous waste involved in the incident;

(d) Extent of injuries, if any; and

(e) Estimated quantity and disposition of recovered materials, if any.

10.Transporting over two hundred miles. A small quantity generator who shall transport its waste, or offer its waste for transportation, over a distance of 200 miles or more for off site treatment, storage, or disposal may accumulate hazardous waste onsite for two hundred seventy days or less without a permit or without having interim status provided that the generator complies with the conditions of subsection 2.

11.Accumulation time limit extension. A small quantity generator who accumulates hazardous waste for more than one hundred eighty days (or for more than two hundred seventy days if it must transport its waste, or offer its waste for transportation, over a distance of two hundred miles or more) is subject to the requirements of chapters 33.1-24-05 and 33.1-24-06 unless it has been granted an extension to the one hundred eighty-day (or two hundred seventy-day if applicable) period. Such extension may be granted if hazardous wastes must remain onsite for longer than one hundred eighty days (or two hundred seventy days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to thirty days may be granted at the discretion of the department on a case-by-case basis.

12.Rejected load. A small quantity generator that sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of section 33.1-24-05-39 may accumulate the returned waste onsite in accordance with subsections 1 through 11. Upon receipt of the returned shipment, the generator must:

a. Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Sign item 20 of the manifest, if the transporter returned the shipment using a new manifest.

13. A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with section 33.1-24-03-34 of this part in lieu of section 33.1-24-03-29.

N.D. Admin Code 33.1-24-03-28

Reserved by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

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