North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-06 - Requirements for recyclable materials and universal waste

Current through Supplement No. 393, July, 2024
1. The following requirements for recyclable
				materials are:
a. Hazardous wastes that are
				recycled are subject to the requirements for generators, transporters, and
				storage facilities of subsections 2 and 3, except for the materials listed in
				subdivisions b and c . Hazardous wastes that are recycled will be known as
				"recyclable materials".
b. The
				following recyclable materials are not subject to the requirements of this
				section but are regulated under sections
				33-24-05-201 through 33-24-05-209,
				33-24-05-230 through 33-24-05-249,
				33-24-05-525 through 33-24-05-549,
				33-24-05-820 through 33-24-05-929
				and all applicable provisions in sections
				33-24-05-250 through 33-24-05-299
				and 33-24-06 and 33-24-07:
(1) Recyclable
				materials used in a manner constituting disposal (sections
				33-24-05-201 through
				33-24-05-209).
(2) Hazardous wastes
				burned (as defined in subsection 1 of section
				33-24-05-525) in boilers and
				industrial furnaces that are not regulated under sections
				33-24-05-144 through
				33-24-05-151 (sections
				33-24-05-525 through
				33-24-05-549).
(3) Recyclable
				materials from which precious metals are reclaimed (sections
				33-24-05-230 through
				33-4-05-234).
(4) Spent lead-acid
				batteries that are being reclaimed (sections
				33-24-05-235 through
				33-24-05-249).
c. The
				following recyclable materials are not subject to regulation under 33-24-03
				through 33-24-07 and are not subject to notification requirements:
(1) Industrial ethyl alcohol that is
				reclaimed except that, unless provided otherwise in an international agreement
				as specified in section 33-24-03-25:
(a) A
				person initiating a shipment for reclamation in a foreign country, and any
				intermediary arranging for the shipment, must comply with the requirements
				applicable to a primary exporter in section
				33-24-03-20, subdivisions a
				through d and f of subsection 1 and subsection 2 of section
				33-24-03-23, and section
				33-24-03-24, export such materials
				only upon consent of the receiving country and in conformance with the
				environmental protection agency acknowledgment of consent as defined in
				sections 33-24-03-17 through 33-24-03-25,
				and provide a copy of the environmental protection agency acknowledgment of
				consent to the shipment to the transporter transporting the shipment for
				export.
(b) Transporters
				transporting a shipment for export may not accept a shipment if the transporter
				knows the shipment does not conform to the environmental protection agency
				acknowledgment of consent, shall ensure that a copy of the environmental
				protection agency acknowledgment of consent accompanies the shipment, and shall
				ensure that it is delivered to the facility designated by the person initiating
				the shipment.
(2) Scrap
				metal that is not excluded under subdivision m of subsection 1 of section
				33-24-02-04.
(3) Fuels produced from the refining of
				oil-bearing hazardous wastes along with normal process streams at a petroleum
				refining facility, if such wastes result from normal petroleum refining,
				production, and transportation practices (this exemption does not apply to
				fuels produced from oil recovered from oil-bearing hazardous waste, when such
				recovered oil is already excluded under subdivision l of subsection 1 of
				section 33-24-02-04).
(4) Subdivision c also applies to the
				following:
(a) Hazardous waste fuel produced
				from oil-bearing hazardous wastes from petroleum refining, production, or
				transportation practices, or produced from oil reclaimed from such hazardous
				wastes, when such hazardous wastes are reintroduced into a process that does
				not use distillation or does not produce products from crude oil so long as the
				resulting fuel meets the used oil specification under section
				33-24-05-611 and so long as no
				other hazardous wastes are used to produce the hazardous waste fuel;
(b) Hazardous waste fuel produced from
				oil-bearing hazardous waste from petroleum refining, production, and
				transportation practices, when such hazardous wastes are reintroduced into a
				refining process after a point in which contaminates are removed, so long as
				the fuel meets the used oil fuel specification under section
				33-24-05-611; and
(c) Oil reclaimed from oil-bearing hazardous
				wastes from petroleum refining, production, and transportation practices, which
				reclaimed oil is burned as a fuel without reintroduction to a refining process,
				so long as the reclaimed oil meets the used oil fuel specification under
				section 33-24-05-611.
d. Used oil that is recycled and
				is also a hazardous waste solely because it exhibits a hazardous characteristic
				is not subject to the requirements of 33-24-01 through 33-24-04, and sections
				33-24-05-01 through 33-24-05-559,
				33-24-05-800 through
				33-24-05-1149, and subsection 5 of section
				33-24-06-16, but is regulated
				under sections
				33-24-05-600 through 33-24-05-689.
				Used oil that is recycled includes any used oil which is reused, following its
				original use, for any purpose (including the purpose for which the oil was
				originally used). Such term includes oil which is re-refined, reclaimed, burned
				for energy recovery, or reprocessed.
e. Hazardous waste that is exported to or
				imported from designated member countries of the organization for economic
				cooperation and development (as defined in subdivision a of subsection 1 of
				section 33-24-03-25) for purpose of recovery is subject to the requirements of
				sections 33-24-03-50 through 33-24-03-59, if it is subject to either the
				manifesting requirements of 33-24-03 or to the universal waste requirements of
				sections 33-24-05-700 through 33-24-05-799.