North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-610 - Applicability of used oil standards

Current through Supplement No. 393, July, 2024
This section identifies those materials that are subject to
					 regulation as used oil under sections
					 33-24-05-600 through 33-24-05-689.
					 This section also identifies some materials that are not subject to regulation
					 as used oil under sections
					 33-24-05-600 through 33-24-05-689,
					 and indicates whether these materials may be subject to regulation as hazardous
					 waste under 33-24.
1.
Used oil.
The department presumes that used oil is to be recycled unless a used
				  oil handler disposes of used oil or sends used oil for disposal. Except as
				  provided in section
				  33-24-05-611, the regulations of
				  sections 33-24-05-600 through 33-24-05-689
				  apply to used oil, and to materials identified in this section as being subject
				  to regulation as used oil, whether or not the used oil or material exhibits any
				  characteristics of hazardous waste identified in sections
				  33-24-02-10 through
				  33-24-02-14.
2.
Mixtures of used oil and hazardous
				  waste.
a. Listed hazardous waste.
(1) Mixtures of used oil and hazardous waste
				  that is listed in sections
				  33-24-02-15 through
				  33-24-02-19 are subject to
				  regulation as hazardous waste under 33-24-01 through 33-24-04, 33-24-06 and
				  33-24-07, and sections
				  33-24-05-01 through 33-24-05-559,
				  and 33-24-05-800 through 33-24-05-929,
				  rather than as used oil under sections
				  33-24-05-600 through
				  33-24-05-689.
(2) Rebuttable
				  presumption for used oil. Used oil containing greater than or equal to one
				  thousand parts per million total halogens is presumed to be a hazardous waste
				  because it has been mixed with halogenated hazardous waste listed in sections
				  33-24-02-15 through
				  33-24-02-19. Persons may rebut
				  this presumption by demonstrating that the used oil does not contain hazardous
				  waste (for example, by showing that the used oil does not contain significant
				  concentrations of halogenated hazardous constituents listed in appendix V of
				  33-24-02).
(a) The rebuttable presumption does
				  not apply to metalworking oils or fluids containing chlorinated paraffins, if
				  they are processed, through a tolling arrangement as described in subsection 3
				  of section
				  33-24-05-624, to reclaim
				  metalworking oils or fluids. The presumption does apply to metalworking oils or
				  fluids if such oils or fluids are recycled in any other manner, or
				  disposed.
(b) The rebuttable
				  presumption does not apply to used oils contaminated with chlorofluorocarbons
				  removed from refrigeration units where the chlorofluorocarbons are destined for
				  reclamation. The rebuttable presumption does apply to used oils contaminated
				  with chlorofluorocarbons that have been mixed with used oil from sources other
				  than refrigeration units.
b. Characteristic
				  hazardous waste. Mixtures of used oil and hazardous waste that solely exhibit
				  one or more of the hazardous waste characteristics identified in sections
				  33-24-02-10 through
				  33-24-02-14 and mixtures of used
				  oil and hazardous waste that is listed in sections
				  33-24-02-15 through
				  33-24-02-19 solely because it
				  exhibits one or more of the characteristics of hazardous waste identified in
				  sections 33-24-02-10 through
				  33-24-02-14 are subject to:
(1) Except as provided in paragraph 3,
				  regulation as hazardous waste under 33-24-01 through 33-24-04, 33-24-06 and
				  33-24-07, and sections
				  33-24-05-01 through 33-24-05-559
				  and 33-24-05-800 through 33-24-05-929,
				  rather than as used oil under sections
				  33-24-05-600 through 33-24-05-689,
				  if the resultant mixture exhibits any characteristics of hazardous waste
				  identified in sections
				  33-24-02-10 through
				  33-24-02-14; or
(2) Except as specified in paragraph 3,
				  regulation as used oil under sections
				  33-24-05-600 through 33-24-05-689,
				  if the resultant mixture does not exhibit any characteristics of hazardous
				  waste identified under sections
				  33-24-02-10 through
				  33-24-02-14.
(3) Regulation as used oil under sections
				  33-24-05-600 through 33-24-05-689,
				  if the mixture is of used oil and a waste which is hazardous solely because it
				  exhibits the characteristic of ignitability, for example, ignitable-only
				  mineral spirits, provided that the resultant mixture does not exhibit the
				  characteristic of ignitability under section
				  33-24-02-11.
c. Conditionally exempt small quantity
				  generator hazardous waste. Mixtures of used oil and conditionally exempt small
				  quantity generator hazardous waste regulated under section
				  33-24-02-05 are subject to
				  regulation as used oil under sections
				  33-24-05-600 through
				  33-24-05-689.