NDAC 33.1-24-02-19
Deletion of certain hazardous waste codes following equipment cleaning and
Cite as N.D. Admin. Code ยง 33.1-24-02-19
replacement.
1.
Wastes from wood preserving processes at plants that do not resume or initiate use of
chlorophenolic preservatives will not meet the listing definition of F032 once the generator has
met all the requirements of subsections 2 and 3. These wastes may, however, continue to
meet another hazardous waste listing description or may exhibit one or more of the hazardous
waste characteristics.
2.
Generators must either clean or replace all process equipment that may have come into
contact with chlorophenolic formulations or constituents thereof, including treatment cylinders,
sumps, tanks, piping systems, drip pads, forklifts, and trams, in a manner that minimizes or
eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage,
or hazardous waste decomposition products to the ground water, surface water, or
atmosphere.
a.
Generators shall do one of the following:
(1)
Prepare and follow an equipment cleaning plan and clean equipment in accordance
with this section;
(2)
Prepare and follow an equipment replacement plan and replace equipment in
accordance with this section; or
(3)
Document cleaning and replacement in accordance with this section, carried out
after termination of use of chlorophenolic preservatives.
b.
Cleaning requirements.
(1)
Prepare and sign a written equipment cleaning plan that describes:
(a)
The equipment to be cleaned;
(b)
How the equipment will be cleaned;
(c)
The solvent to be used in cleaning;
(d)
How solvent rinses will be tested; and
(e)
How cleaning residues will be disposed.
(2)
Equipment must be cleaned as follows:
(a)
Remove all visible residues from process equipment; and
(b)
Rinse process equipment with an appropriate solvent until dioxins and
dibenzofurans are not detected in the final solvent rinse.
(3)
Analytical requirements.
(a)
Rinses must be tested by using an appropriate method.
(b)
"Not detected" means at or below the following lower method calibration limits
(MCLs). The 2,3,7,8-TCDD-based MCL - 0.01 parts per trillion, sample weight
of 1,000 grams IS spiking level of 1 parts per trillion, final extraction volume of
10-50 microliter. For other congeners, multiply the values by 1 for
TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for
OCDD/OCDF.
(4)
The generator must manage all residues from the cleaning process as F032 waste.
c.
Replacement requirements.
(1)
Prepare and sign a written equipment replacement plan that describes:
(a)
The equipment to be replaced;
(b)
How the equipment will be replaced; and
(c)
How the equipment will be disposed.
(2)
The generator must manage the discarded equipment as F032 waste.
d.
Documentation requirements.
(1)
Document that previous equipment cleaning or replacement, or both, was
performed in accordance with this section and occurred after cessation of use of
chlorophenolic preservatives.
(2)
[Reserved].
3.
The generator must maintain the following records documenting the cleaning and replacement
as part of the facility's operating record:
a.
The name and address of the facility;
b.
Formulations previously used and the date on which their use ceased in each process at
the plant;
c.
Formulations currently used in each process at the plant;
d.
The equipment cleaning or replacement plan;
e.
The name and address of any persons who conducted the cleaning and replacement;
f.
The dates on which cleaning and replacement were accomplished;
g.
The dates of sampling and testing;
h.
A description of the sample handling and preparation techniques, including techniques
used for extraction, containerization, preservation, and chain-of-custody of the samples;
i.
A description of the tests performed, the date the tests were performed, and the results of
the tests;
j.
The name and model numbers of the instruments used in performing the tests;
k.
QA/QC documentation; and
l.
The following statement signed by the generator or the generator's authorized
representative: "I certify under penalty of law that all process equipment required to be
cleaned or replaced under section 33.1-24-02-19 was cleaned or replaced as
represented in the equipment cleaning and replacement plan and accompanying
documentation. I am aware that there are significant penalties for providing false
information, including the possibility of fine or imprisonment."