Section 33.1-24-03-34 - Alternative standards for episodic generation1.Definitions.a. "Episodic event" means an activity or activities, planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous waste that exceeds the calendar month quantity limits for the generator's usual category.b. "Planned episodic event" means an episodic event the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.c. "Unplanned episodic event" means an episodic event the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as tornado, hurricane, or flood.2.Conditions for a very small quantity generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided that the generator complies with the following conditions: a. The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under subsection 4 of section 33.1-24-03-34.b. The very small quantity generator shall notify the department no later than thirty calendar days prior to initiating a planned episodic event using a department-approved form. In the event of an unplanned episodic event, the generator shall notify the department within seventy-two hours of the unplanned event via phone, electronic mail, or fax and subsequently submit notification on an approved form. The generator shall include the start date and end date of the episodic event, the reason for the event, types, and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with section 33.1-24-03-28.c. The very small quantity generator shall have, or obtain, an identification number as defined in section 33.1-24-03-03.d. A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks, the following conditions apply: (1)Containers. A very small quantity generator accumulating episodic hazardous waste in containers shall mark or label its containers with the following: (a) The words "episodic hazardous waste";(b) An indication of the hazards of the contents (examples include the applicable hazardous waste characteristics), 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(c) The date upon which the episodic event began, clearly visible for inspection on each container.(2)Tanks. A very small quantity generator accumulating episodic hazardous waste in tanks shall do the following:(a) Mark or label the tank with the words "episodic hazardous waste";(b) An indication of the hazards of the contents (examples include the applicable hazardous waste characteristics), 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;(c) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and(d) Keep inventory logs or records with the above information onsite and readily available for inspection.(3) Hazardous waste must be managed in a manner that minimizes the possibility of a fire, explosion, or the release of hazardous waste or hazardous waste constituents to the air, soil, or water;(4) Containers must be in good condition and compatible with the hazardous waste being accumulated therein. Containers must be kept closed except to add or remove waste; and(5) Tanks must be in good condition and compatible with the hazardous waste accumulated therein. Tanks must have procedures in place to prevent overflow. Tanks must be inspected at least once each operating day to ensure all applicable discharge control equipment (such as waste feed cutoff systems, bypass systems, and drainage systems) is in good working order; and to ensure the tank is operated according to its design.e. The very small quantity generator shall comply with the hazardous waste manifest provisions of sections 33.1-24-03-04 through 33.1-24-03-07 when it sends its episodic event hazardous waste off site to a designated facility.f. The very small quantity generator has up to sixty calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.g. Very small quantity generators shall maintain the following records for three years from the end date of the episodic event:(1) Beginning and end dates of the episodic event;(2) A description of the episodic event;(3) A description of the types and quantities of hazardous wastes generated during the event;(4) A description of how the hazardous waste was managed as well as the name of the Resource Conservation and Recovery Act-designated facility that received the hazardous waste;(5) Name of the hazardous waste transporter; and(6) Documentation of approval from the department for any additional episodic events in a calendar year.3.Conditions for small quantity generators. A small quantity generator may maintain its existing generator category during an episodic event provided the generator complies with the following conditions: a. The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under subsection 4 of section 33.1-24-03-34.b. The small quantity generator shall notify the department no later than thirty calendar days prior to initiating a planned episodic event using a department-approved form. In the event of an unplanned episodic event, the generator shall notify the department within seventy-two hours of the unplanned event via phone, electronic mail, or fax and subsequently submit notification on an approved form. The generator shall include the start date and end date of the episodic event, the reason for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with subdivision a of subsection 9 of section 33.1-24-03-28. c. The small quantity generator shall have, or obtain, an identification number as defined in section 33.1-24-03-03.d. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply: (1)Containers. A small quantity generator accumulating episodic hazardous waste in containers shall mark or label its containers with the following: (a) The words "episodic hazardous waste";(b) An indication of the hazards of the contents (examples include the applicable hazardous waste characteristics), 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(c) The date upon which the episodic event began, clearly visible for inspection on each container.(2)Tanks. A small quantity generator accumulating episodic hazardous waste in tanks shall meet the requirements of subsection 3 of section 33.1-24-03-28 and do the following: (a) Mark or label the tank with the words "episodic hazardous waste";(b) An indication of the hazards of the contents (examples include the applicable hazardous waste characteristics), 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;(c) Use inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and(d) Keep inventory logs or records with the above information onsite and readily available for inspection.e. The small quantity generator shall treat hazardous waste generated from an episodic event onsite or manifest and ship such hazardous waste off site to a designated facility within sixty calendar days from the start of an episodic event.f. The small quantity generator shall maintain the following records for three years from the end date of the episodic event: (1) Beginning and end dates of the episodic event;(2) A description of the episodic event;(3) A description of the types and quantities of hazardous wastes generated during the event;(4) A description of how the hazardous waste was managed as well as the name of the Resource Conservation and Recovery Act-designated facility that received the hazardous waste;(5) Name of the hazardous waste transporter; and(6) Documentation of approval from the department for any additional episodic events in a calendar year.4.Petition to manage one additional episodic event per calendar year. A generator may petition for a second episodic event in a calendar year without impacting its generator category under the following conditions: a. If a very small quantity or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition for an additional unplanned episodic event in that calendar year within seventy-two hours of the unplanned event.b. If a very small quantity or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition for an additional planned episodic event in that calendar year.c. The petition must include the following:(1) The reason why an additional episodic event is needed and the nature of the episodic event;(2) The estimated amount of hazardous waste to be managed from the event;(3) How the hazardous waste will be managed;(4) The estimated length of time needed to complete management of hazardous waste generated from the episodic event - not to exceed sixty days; and(5) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.d. The petition must be made to the department in writing, either on paper or electronically.e. The generator shall retain written approval in its records for three years from the date the episodic event ended.N.D. Admin Code 33.1-24-03-34
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