33.1-24-03-03. Identification number, registration certificate, and generator category determination.

1. A generator may not treat, store, dispose of, transport, or offer for transportation hazardous waste without having received an identification number and a registration certificate from the department.

2. A generator shall determine its generator category. A generator's category is based on the amount of hazardous waste generated each month. This category may change from month to month. The procedures to determine a generator's category are listed in subdivisions a and b.

a. A generator who generates either acute hazardous waste or nonacute hazardous waste in a calendar month shall determine its generator category for that month by:

(1) Counting the total amount of acute hazardous or nonacute hazardous waste generated in the calendar month;

(2) Subtracting from the total any amounts of waste exempt from counting as described by section 33.1-24-02-04; and

(3) Determining the resulting generator category using table 1.

b. A generator who generates both acute hazardous waste and nonacute hazardous waste in the same calendar month shall determine its generator category for that month by:

(1) Separately counting the total amount of acute hazardous waste and the total amount of nonacute hazardous waste generated in the calendar month;

(2) Subtracting from the totals any amounts of waste exempt from counting as described by section 33.1-24-02-04;

(3) Separately determining resulting generator categories for the quantities of acute hazardous waste and nonacute hazardous waste using table 1; and

(4) Applying the more stringent generator category to the accumulation and management of both acute hazardous waste and nonacute hazardous waste generated for that month.

Table 1. Generator Categories Based on Quantity of Waste Generated.

Quantity of Acute Hazardous Waste Generated in a Calendar Month	Quantity of Nonacute Hazardous Waste Generated in a Calendar Month	Quantity of Residues From a Cleanup of Acute Hazardous Waste Generated in a Calendar Month	Generator Category
Greater than 1 kg (2.2 lbs)	Any amount	Any amount	Large quantity generator
Any amount	Greater than or equal to 1,000 kg (2,200 lbs)	Any amount	Large quantity generator
Any amount	Any amount	Greater than 100 kg (220 lbs)	Large quantity generator
Less than or equal to 1 kg (2.2 lbs)	Between 100 kg (220 lbs) and 1,000 kg (2,200 lbs)	Less than or equal to 100 kg (220 lbs)	Small quantity generator
Less than or equal to 1 kg (2.2 lbs)	Less than or equal to 100 kg (220 lbs)	Less than or equal to 100 kg (220 lbs)	Very small quantity generator

c. When making the monthly determinations required by this section, the generator shall include all hazardous waste that it generates, except hazardous waste that:

(1) Is excluded from regulation under subsections 3 through 6 of section 33.1-24-02-04, subdivision c of subsection 1 of section 33.1-24-02-06, subdivision a of subsection 1 of section 33.1-24-02-07, and subsection 7 of section 33.1-24-02-04;

(2) Is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in section 33.1-24-01-04;

(3) Is a material recycled, without prior storage or accumulation, only in an onsite process, under the requirements of subdivision b of subsection 3 of section 33.1-24-02-06;

1. (4) Is managed as part of an episodic event in compliance with section 33.1-24-03-34;
2. (5) Is used oil managed under the requirements listed in 33.1-24-05-600 through 33.1-24-05-699;
3. (6) Is spent lead-acid batteries managed under the requirements of 33.1-24-05-235;
4. (7) Is universal waste managed under the requirements of 33.1-24-05-700 through 33.1-24-05-799; or
5. (8) Is a hazardous waste pharmaceutical, as defined in section 33.1-24-05-310, that is subject to or managed in accordance with sections 33.1-24-05-310 through 33.1-24-05-320 or is a hazardous waste pharmaceutical that is also a drug enforcement administration controlled substance and is conditionally exempt under section 33.1-24-05-316.d. When determining the quantity of hazardous waste generated in a calendar month, a generator need not include:- (1) Hazardous waste when it is removed from onsite accumulation, so long as the hazardous waste was previously counted once;
6. (2) Hazardous waste generated by onsite treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and
7. (3) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been previously counted once.e. Hazardous wastes generated by a very small quantity generator may be mixed with solid wastes. Very small quantity generators may mix a portion or all of its hazardous waste with solid waste and remain subject to section 33.1-24-03-26 even though the resultant mixture exceeds the quantity limits identified in the definition of a very small quantity generator at section 33.1-24-01-04; unless the mixture exhibits one or more of the characteristics of hazardous waste identified in sections 33.1-24-02-10 through 33.1-24-02-14. If the mixed wastes exhibit a characteristic of hazardous waste, the mixture must be included in all hazardous waste counts for that month.f. Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid wastes. These mixtures are subject to the following:- (1) The mixture rule in paragraph 4 of subdivision b of subsection 1 of section 33.1-24-02-03, subdivisions b and c of subsection 2 of 33.1-24-02-03, and paragraph 1 of subdivision a of subsection 7 of section 33.1-24-02-03;
8. (2) The prohibition of dilution rule in subsection 1 of section 33.1-24-05-252;
9. (3) The land disposal restriction requirements of section 33.1-24-05-280 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic;
10. (4) The hazardous waste determination requirements of section 33.1-24-03-02; and
11. (5) If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly generated hazardous waste. The mixture must be included in all hazardous waste counts for that month.

g. Based on the generator category as determined under this section, the generator shall meet the applicable requirements listed in sections 33.1-24-03-26, 33.1-24-03-28, and 33.1-24-03-29.

3. A generator who has not received an identification number and a registration certificate may obtain one by applying to the department using environmental protection agency form 8700-12. Upon receiving the request the department will assign an identification number and issue a registration certificate to the generator.

4. A generator may not offer the generator's hazardous waste to transporters that have not received an identification number and a transporter permit, or to treatment, storage, or disposal facilities that have not received an identification number and applied for a hazardous waste permit.

5. A recognized trader must not arrange for import or export of hazardous waste without having received an environmental protection agency identification number from the department.

6. The department may assess and collect reasonable fees for the issuance of registration certificates.

History: Effective January 1, 2019; amended effective July 1, 2020; July 1, 2021.

General Authority: NDCC 23.1-04-03, 23.1-04-09

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-09; S.L. 2017, ch. 199, § 19