NDAC 33.1-24-05-285
Treatment standards for hazardous debris
Cite as N.D. Admin. Code § 33.1-24-05-285
1.
Treatment standards. Hazardous debris must be treated prior to land disposal as follows
unless the department determines under subdivision b of subsection 5 of section
33.1-24-02-03 that the debris is no longer contaminated with hazardous waste or the debris is
treated to the waste-specific treatment standard provided in sections 33.1-24-05-280 through
33.1-24-05-289 for the waste contaminating the debris.
a.
General. Hazardous debris must be treated for each "contaminant subject to treatment"
defined by subsection 2 using the technology or technologies identified in table 1 of this
section.
b.
Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability,
corrosivity, or reactivity identified under sections 33.1-24-02-11, 33.1-24-02-12, and
33.1-24-02-13, respectively, must be deactivated by treatment using one of the
technologies identified in table 1 of this section.
c.
Mixtures of debris types. The treatment standards of table 1 in this section must be
achieved for each type of debris contained in a mixture of debris types. If an
immobilization technology is used in a treatment train, it must be the last treatment
technology used.
d.
Mixtures of contaminant types. Debris that is contaminated with two or more
contaminants subject to treatment identified under subsection 2 must be treated for each
contaminant using one or more treatment technologies identified in table 1 of this section.
If an immobilization technology is used in a treatment train, it must be the last treatment
technology used.
e.
Waste polychlorinated biphenyls. Hazardous debris that is also a waste polychlorinated
biphenyl under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761
or the requirements of this section, whichever are more stringent.
2.
Contaminants subject to treatment. Hazardous debris must be treated for each "contaminant
subject to treatment". The contaminants subject to treatment must be determined as follows:
a.
Toxicity characteristic debris. The contaminants subject to treatment for debris that
exhibits the toxicity characteristic by section 33.1-24-02-14 are those extraction
procedure constituents (hazardous waste numbers D004 through D017) for which the
debris exhibits the toxicity characteristic.
b.
Debris contaminated with listed waste. The contaminants subject to treatment for debris
that is contaminated with a prohibited listed hazardous waste are those constituents or
wastes for which treatment standards are established for waste under section
33.1-24-05-280.
c.
Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be
treated for cyanide.
3.
Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of
the specified extraction or destruction technologies in table 1 of this section and that does not
exhibit a characteristic of hazardous waste identified under sections 33.1-24-02-10 through
33.1-24-02-14 after treatment is not a hazardous waste and need not be managed in a
hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by
an immobilization technology specified in table 1 is a hazardous waste and must be managed
in a hazardous waste facility.
4.
Treatment residuals.
a.
General requirements. Except as provided by subdivisions b and d:
(1)
Residue from the treatment of hazardous debris must be separated from the treated
debris using simple physical or mechanical means; and
(2)
Residue from the treatment of hazardous debris is subject to the waste-specific
treatment standards provided by sections 33.1-24-05-280 through 33.1-24-05-289
for the waste contaminating the debris.
b.
Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive
characteristic hazardous debris (other than cyanide-reactive) that is not contaminated
with a contaminant subject to treatment defined by subsection 2, must be deactivated
prior to land disposal and is not subject to the waste-specific treatment standards of
sections 33.1-24-05-280 through 33.1-24-05-289.
c.
Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of
cyanide must meet the treatment standards for D003 in "treatment standards for
hazardous wastes" at section 33.1-24-05-280.
d.
Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or
greater than ten percent total organic carbon is subject to the technology specified in the
treatment standard for D001: ignitable liquids.
e.
Residue from spalling. Layers of debris removed by spalling are hazardous debris that
remain subject to the treatment standards of this section.
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description
Performance and/or Design and
Operating Standard
Contaminant Restrictions2
A. Extraction Technologies:
1. Physical Extraction
a. Abrasive Blasting: Removal of
contaminated debris surface layers
using water and/or air pressure to
propel a solid media (for example,
steel shot, aluminum oxide grit,
plastic beads).
Glass, Metal, Plastic, Rubber:
Treatment to a clean debris
surface.3
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood:
Removal of at least 0.6 cm of the
surface layer; treatment to a
clean debris surface.3
All Debris: None.
b. Scarification, Grinding, and
Planing: Process utilizing striking
piston heads, saws, or rotating
grinding wheels such that
contaminated debris surface layers
are removed.
Same as above.
Same as above.
c. Spalling: Drilling or chipping
holes at appropriate locations and
depth in the contaminated debris
surface and applying a tool which
exerts a force on the sides of those
holes such that the surface layer is
removed. The surface layer
removed remains hazardous debris
subject to the debris treatment
standards.
Same as above.
Same as above.
d. Vibratory Finishing: Process
utilizing scrubbing media, flushing
fluid, and oscillating energy such
that hazardous contaminants or
contaminated debris surface layers
are removed.4
Same as above.
Same as above.
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description
Performance and/or Design and
Operating Standard
Contaminant Restrictions2
e. High Pressure Steam and Water
Sprays: Application of water or
steam sprays of sufficient
temperature, pressure, residence
time, agitation, surfactants, and
detergents to remove hazardous
contaminants from debris surfaces
or to remove contaminated debris
surface layers.
Same as above.
Same as above.
2. Chemical Extraction
a. Water Washing and Spraying:
Application of water sprays or water
baths of sufficient temperature,
pressure, residence time, agitation,
surfactants, acids, bases, and
detergents to remove hazardous
contaminants from debris surfaces
and surface pores or to remove
contaminated debris surface layers.
All Debris: Treatment to a clean
debris surface3;
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm
(1/2 inch) in one dimension (for
example, thickness limit,5 except
that this thickness limit may be
waived under an "Equivalent
Technology" approval under
subsection 2 of section
33.1-24-05-282;8 debris surfaces
must be in contact with water
solution for at least 15 minutes.
Brick, Cloth, Concrete,
Paper, Pavement, Rock,
Wood: Contaminant must
be soluble to at least 5% by
weight in water solution or
5% by weight in emulsion; if
debris is contaminated with
a dioxin-listed waste,6 and
"Equivalent Technology"
approval under
subsection 2 of section
33.1-24-05-282 must be
obtained.8
b. Liquid Phase Solvent Extraction:
Removal of hazardous
contaminants from debris surfaces
and surface pores by applying a
nonaqueous liquid or liquid solution
which causes the hazardous
contaminants to enter the liquid
phase and be flushed away from
the debris along with the liquid or
liquid solution while using
appropriate agitation, temperature,
and residence time.4
Same as above.
Brick, Cloth, Concrete,
Paper, Pavement, Rock,
Wood: Same as above,
except that contaminant
must be soluble to at least
5% by weight in the
solvent.
c. Vapor Phase Solvent Extraction:
Application of an organic vapor
using sufficient agitation, residence
time, and temperature to cause
hazardous contaminants on
contaminated debris surfaces and
surface pores to enter the vapor
phase and be flushed away with the
organic vapor.4
Same as above, except that
brick, cloth, concrete, paper,
pavement, rock, and wood
surfaces must be in contact with
the organic vapor for at least
60 minutes.
Same as above.
3. Thermal Extraction
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description
Performance and/or Design and
Operating Standard
Contaminant Restrictions2
a. High Temperature Metals
Recovery: Application of sufficient
heat, residence time, mixing, fluxing
agents, and/or carbon in a smelting,
melting, or refining furnace to
separate metals from debris.
For refining furnaces, treated
debris must be separated from
treatment residuals using simple
physical or mechanical means,9
and, prior to further treatment,
such residuals must meet the
waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
Debris contaminated with a
dioxin-listed waste:5 Obtain
an "Equivalent Technology"
approval under
subsection 2 of section
33.1-24-05-282.8
b. Thermal Desorption: Heating in
an enclosed chamber under either
oxidizing or nonoxidizing
atmospheres at sufficient
temperature and residence time to
vaporize hazardous contaminants
from contaminated surfaces and
surface pores and to remove the
contaminants from the heating
chamber in a gaseous exhaust
gas.7
All Debris: Obtain an "Equivalent
Technology" approval under
subsection 2 of section
33.1-24-05-282;8 treated debris
must be separated from
treatment residuals using simple
physical or mechanical means,9
and, prior to further treatment,
such residue must meet the
waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 10 cm
(4 inches) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
All Debris: Metals other
than mercury.
B. Destruction Technologies:
1. Biological Destruction
(Biodegradation): Removal of
hazardous contaminants from
debris surfaces and surface pores
in an aqueous solution and
biodegradation of organic or
nonmetallic inorganic compounds
(for example, inorganics that
contain phosphorus, nitrogen, or
sulfur) in units operated under
either aerobic or anaerobic
conditions.
All Debris: Obtain an "Equivalent
Technology" approval under
subsection 2 of section
33.1-24-05-282;8 treated debris
must be separated from
treatment residuals using simple
physical or mechanical
means,9and, prior to further
treatment, such residue must
meet the waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
Brick, Cloth, Concrete, Paper,
All Debris: Metal
contaminants.
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description
Performance and/or Design and
Operating Standard
Contaminant Restrictions2
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm
(1/2 inch) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
2. Chemical Destruction
a. Chemical Oxidation: Chemical or
electrolytic oxidation utilizing the
following oxidation reagents (or
waste reagents) or combination of
reagents: (1) hypochlorite (for
example, bleach); (2) chlorine;
(3) chlorine dioxide; (4) ozone or
UV (ultraviolet light) assisted ozone;
(5) peroxides; (6) persulfates;
(7) perchlorates;
(8) permanganates; and/or (9) other
oxidizing reagents of equivalent
destruction efficiency.4 Chemical
oxidation specifically includes what
is referred to as alkaline
chlorination.
All Debris: Obtain an "Equivalent
Technology" approval under
subsection 2 of section
33.1-24-05-282;8 treated debris
must be separated from
treatment residuals using simple
physical or mechanical means,9
and, prior to further treatment,
such residue must meet the
waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
Brick, Cloth, Concrete, Paper,
Pavement, Rock, Wood: Debris
must be no more than 1.2 cm
(1/2 inch) in one dimension (for
example, thickness limit),5 except
that this thickness limit may be
waived under the "Equivalent
Technology" approval.
All Debris: Metal
contaminants.
b. Chemical Reduction: Chemical
reaction utilizing the following
reducing reagents (or waste
reagents) or combination of
reagents: (1) sulfur dioxide;
(2) sodium, potassium, or alkali
salts of sulfites, bisulfites, and
metabisulfites, and polyethylene
glycols (for example, NaPEG and
KPEG); (3) sodium hydrosulfide;
(4) ferrous salts; and/or (5) other
reducing reagents of equivalent
efficiency.4
Save as above.
Same as above.
3. Thermal Destruction: Treatment
in an incinerator operating in
accordance with sections
33.1-24-05-144 through
33.1-24-05-159 or subpart O of
Treated debris must be separated
from treatment residuals using
simple physical or mechanical
means,9 and, prior to further
treatment, such residue must
Brick, Concrete, Glass,
Metal, Pavement, Rock,
Metal: Metals other than
mercury, except that there
are no metal restrictions for
Table 1. Alternative Treatment Standards for Hazardous Debris1
Technology Description
Performance and/or Design and
Operating Standard
Contaminant Restrictions2
40 CFR 265; a boiler or industrial
furnace operating in accordance
with sections 33.1-24-05-525
through 33.1-24-05-549, or other
thermal treatment unit operated in
accordance with sections
33.1-24-05-299 through
33.1-24-05-399, or subpart P,
Part 265 of the 40 CFR, but
excluding for purposes of these
debris treatment standards Thermal
Desorption units.
meet the waste-specific treatment
standards for organic compounds
in the waste contaminating the
debris.
vitrification. Debris
contaminated with a
dioxin-listed waste.6 Obtain
an "Equivalent Technology"
approval under
subsection 2 of section
33.1-24-05-282,8 except
that this requirement does
not apply to vitrification.
C. Immobilization Technologies:
1. Macroencapsulation: Application
of surface coating materials, such
as polymeric organics (for example,
resins and plastics) or use of a
jacket of inert inorganic materials to
substantially reduce surface
exposure to potential leaching
media.
Encapsulating material must
completely encapsulate debris
and be resistant to degradation
by the debris and its
contaminants and materials into
which it may come into contact
after placement (leachate, other
waste, microbes).
None.
2. Microencapsulation: Stabilization
of the debris with the following
reagents (or waste reagents) such
that the leachability of the
hazardous contaminants is
reduced: (1) Portland cement; or
(2) lime/pozzolans (for example, fly
ash and cement kiln dust).
Reagents (for example, iron salts,
silicates, and clays) may be added
to enhance the set/cure time and/or
compressive strength, or to reduce
the leachability of the hazardous
constituents.5
Leachability of the hazardous
contaminants must be reduced.
None.
3. Sealing: Application of an
appropriate material which adheres
tightly to the debris surface to avoid
exposure of the surface to potential
leaching media. When necessary to
effectively seal the surface, sealing
entails pretreatment of the debris
surface to remove foreign matter
and to clean and roughen the
surface. Sealing materials include
epoxy, silicone, and urethane
compounds, but paint may not be
used as a sealant.
Sealing must avoid exposure of
the debris surface to potential
leaching media and sealant must
be resistant to degradation by the
debris and its contaminants and
materials into which it may come
into contact after placement
(leachate, other waste,
microbes).
None.
FOOTNOTE: 1Hazardous debris must be treated by either these standards of the waste-specific
treatment standards for the waste contaminating the debris. The treatment standards must be met for
each type of debris contained in a mixture of debris types, unless the debris is converted into
treatment residue as a result of the treatment process. Debris treatment residuals are subject to the
waste-specific treatment standards for the waste contaminating the debris.
FOOTNOTE: 2Contaminant restriction means that the technology is not best demonstrated available
technologies for that contaminant. If debris containing a restricted contaminant is treated by the
technology, the contaminant must be subsequently treated by a technology for which it is not
restricted in order to be land disposed (and excluded from article 33.1-24).
FOOTNOTE: 3"Clean debris surface" means the surface, when viewed without magnification, shall be
free of all visible contaminated soil and hazardous waste except that residual staining from soil and
waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in
cracks, crevices, and pits may be present provided that such staining and waste and soil in cracks,
crevices, and pits shall be limited to no more than 5% of each square inch of surface area.
FOOTNOTE: 4Acids, solvents, and chemical reagents may react with some debris and contaminants
to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could
result in the formation of hydrogen cyanide. Some acids may also react violently with some debris
and contaminants, depending on the concentration of the acid and the type of debris and
contaminants. Debris treaters should refer to the safety precautions specified in Material Safety Data
Sheets for various acids to avoid applying an incompatible acid to a particular debris/contaminant
combination. For example, concentrated sulfuric acid may react violently with certain organic
compounds, such as acrylonitrile.
FOOTNOTE: 5If reducing the particle size of debris to meet the treatment standards results in
material that no longer meets the 60 mm minimum particle size limit for debris, such material is
subject to the waste-specific treatment standards for the waste contaminating the material, unless the
debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At
a minimum, simple physical or mechanical means must be used to provide such cleaning and
separation of nondebris materials to ensure that the debris surface is free of caked soil, waste, or
other nondebris material.
FOOTNOTE: 6Dioxin-listed wastes are hazardous waste numbers F020, F021, F022, F023, F026,
and F027.
FOOTNOTE: 7Thermal desorption is distinguished from thermal destruction in that the primary
purpose of thermal desorption is to volatilize contaminants and to remove them from the treatment
chamber for subsequent destruction or other treatment.
FOOTNOTE: 8The demonstration "Equivalent Technology" under subsection 2 of section
33.1-24-05-282 must document that the technology treats contaminants subject to treatment to a
level equivalent to that required by the performance and design and operating standards for other
technologies in this table such that residual levels of hazardous contaminants will not pose a hazard
to human health and the environment absent management controls.
FOOTNOTE: 9Any soil, waste, and other nondebris material that remains on the debris surface (or
remains mixed with the debris) after treatment is considered a treatment residual that must be
separated from the debris using, at a minimum, simple physical or mechanical means. Examples of
simple physical or mechanical means are vibratory or trommel screening or water washing. The
debris surface need not be cleaned to a "clean debris surface" as defined in footnote 3 when
separating treated debris from residue; rather, the surface must be free of caked soil, waste, or other
nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the
waste contaminating the debris.