NDAC 33.1-24-02-190
Standards - Closed-vent systems and control devices
Cite as N.D. Admin. Code § 33.1-24-02-190
1.
The remanufacturer or other person that stores or treats the hazardous secondary material in
hazardous secondary material management units using closed-vent systems and control
devices subject to sections 33.1-24-02-180 through 33.1-24-02-199 shall comply with the
provisions of section 33.1-24-02-173.
2.
For:
a.
The remanufacturer or other person that stores or treats the hazardous secondary
material at an existing facility who cannot install a closed-vent system and control device
to comply with the provisions of this subpart on the effective date that the facility
becomes subject to the provisions of sections 33.1-24-02-180 through 33.1-24-02-199
shall prepare an implementation schedule that includes dates by which the closed-vent
system and control device will be installed and in operation. The controls must be
installed as soon as possible, but the implementation schedule may allow up to thirty
months after the effective date that the facility becomes subject to sections
33.1-24-02-180 through 33.1-24-02-199 for installation and startup.
b.
Any unit that begins operation after July 13, 2015, and is subject to the provisions of
sections 33.1-24-02-180 through 33.1-24-02-199 when operation begins, must comply
with the rules immediately (for example, must have control devices installed and
operating on startup of the affected unit); the thirty-month implementation schedule does
not apply.
c.
The remanufacturer or other person that stores or treats the hazardous secondary
material at any facility in existence on the effective date of a statutory or regulatory
amendment that renders the facility subject to this subpart shall comply with all
requirements of sections 33.1-24-02-180 through 33.1-24-02-199 as soon as practicable
but no later than thirty months after the amendment's effective date. When control
equipment required by sections 33.1-24-02-180 through 33.1-24-02-199 cannot be
installed and begin operation by the effective date of the amendment, the facility owner
or operator shall prepare an implementation schedule that includes the following
information: Specific calendar dates for award of contracts or issuance of purchase
orders for the control equipment, initiation of onsite installation of the control equipment,
completion of the control equipment installation, and performance of any testing to
demonstrate that the installed equipment meets the applicable standards of sections
33.1-24-02-180 through 33.1-24-02-199. The remanufacturer or other person that stores
or treats the hazardous secondary material shall keep a copy of the implementation
schedule at the facility.
d.
Remanufacturers or other persons that store or treat the hazardous secondary materials
at facilities and units that become newly subject to the requirements of sections
33.1-24-02-180 through 33.1-24-02-199 after January 13, 2015, due to an action other
than those described in subdivision c must comply with all applicable requirements
immediately (for example, must have control devices installed and operating on the date
the facility or unit becomes subject to sections 33.1-24-02-180 through 33.1-24-02-199);
the thirty-month implementation schedule does not apply.