ECAR Fact Sheet for North Dakota
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

North Dakota's hazardous waste management rules are virtually identical to the federal regulations (40 CFR Parts 124, 260-264, 266, 268, 270, 273 and 279). The programs are administered by the North Dakota Department of Health, Environmental Health Section, Division of Waste Management (the Department).

The Department has prepared a guidance document to help auto recyclers manage hazardous waste. Much of the information is included in the fact sheet below or you can click on the document and find more information on managing hazardous wastes.

To comply with North Dakota's hazardous waste requirements, you must follow the steps below:

1. Determine whether any hazardous waste is generated.
2. Determine your facility's generator status.
3. Determine which regulations must be complied with depending upon your facility's generator status, and comply with those requirements.

Definition of Solid Waste. In order for a waste to be considered a hazardous waste, it must first meet the definition of solid waste. The term "solid waste" can be somewhat misleading. The word "solid" does not refer to the physical state of the waste. Solid waste can be a solid, liquid, or contained gas. Under the hazardous waste rules, a solid waste is any material that will no longer be used for its original intended purpose, or a material that must be reclaimed before reuse. You will need to look at each of the waste streams generated (e.g., antifreeze, used oil, solvents, etc.) and determine whether it is a solid waste. Note that not all solid wastes are considered hazardous wastes. Certain solid wastes, such as used oil destined for recycling, are excluded from the hazardous waste rules.

Hazardous Waste Determination.  It is the responsibility of all solid waste generators to determine whether their waste is hazardous. The procedure for this is called a "hazardous waste determination."  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either "listed" or "characteristic", or if they are a mixture of a listed hazardous waste and other wastes.

A. Exempt Wastes. Some wastes are exempted from regulation as hazardous waste. Examples of exempted waste include household refuse, irrigation return flows, sewage, mining overburden, used oil, fly and bottom ash, scrap metal, oilfield wastes, nuclear materials, and NDPDES-permitted discharges.

B. Listed wastes. Waste is considered hazardous if it is found on any one of four "lists". These "lists" are called the "F", "K", "P" and "U" lists.

C. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are "characteristic" hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

• IGNITABLE - combustible under certain conditions
• CORROSIVE - highly acidic, basic and/or capable of corroding metal
• REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
• TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

D. Universal Waste and other regulated wastes. Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state's universal waste requirements. Other regulated wastes include asbestos abatement wastes, radioactive wastes, wastes containing polychlorinated biphenyls (PCBs), and chlorofluorocarbons (CFCs).

E. Land Disposal Restrictions.  Land disposal restrictions (LDR's) prohibit the disposal of many hazardous wastes on the land, unless the waste meets specific treatment standards. When evaluating wastes, you must determine if the wastes are subject to LDR rules.

Generator Status.  If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of these three classifications.

• Conditionally Exempt Small Quantity Generator (CESQG). You are considered a CESQG in a calendar month if you generate no more than 100 kilograms (220 pounds) of hazardous waste per month.

• Small Quantity Generator (SQG). You are considered an SQG if you generate greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.

• Large Quantity Generator (LQG). You are considered an LQG if you generate 1,000 kilograms (2,200 pounds) or more of hazardous waste in a calendar month. You also are considered an LQG if you generate during a calendar month, or accumulate at any time, more than one kilogram of acutely hazardous waste, or more than a total of 100 kilograms (220 pounds) of any residue, contaminated soil, waste, or debris from cleaning up a spill of any acutely hazardous waste onto land or into water.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you. See North Dakota's Hazardous Waste Compliance Guide for more details

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

North Dakota's Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste

Hazardous Waste Listings

1. For more information, contact the North Dakota Department of Health,
   Environmental Health Section Division of Waste Management at 701-328-5166.
2. To report a spill or leak, call the Division of Emergency Management’s 24-hour number at
   800-472-2121, or 800-773-3259 (normal business hours), and if necessary, the National Response Center at 800-424-8802. For calls originating outside of North Dakota, call
   701-328-8100 (normal business hours), or 701-328-9921 (weekends and non-business hours).
3. To report an environmental incident or complaint, contact the Division of Waste Management or file an online incident report.

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